Compensation Rights for Denied Boarding

If you are involuntarily denied boarding due to overbooking, you could be entitled to compensation, which can be up to €600 under EU law.

Unfortunately, this means that passengers can end up out of luck when their seat is taken by someone else.

That’s why we have put together this article outlining what you need to know to deal with involuntarily denied boarding as well as how we can assist you in getting compensated under EU regulation for the inconvenience caused.

What Does Involuntary Denied Boarding also Known As Bumped Flight Mean?

Involuntary denied boarding occurs when an airline, often due to overbooking, does not allow passengers with confirmed reservations to board their flight.

Airlines sometimes sell more tickets than available seats, expecting that some passengers will not show up.

When everyone arrives, the airline typically starts by asking for volunteers to give up their seats in exchange for benefits like travel credits, vouchers, or accommodations.

If not enough passengers volunteer, the airline may have to choose passengers to offload involuntarily, which can be stressful if you’re unaware of your rights.

Involuntary denied boarding can happen for a few reasons, including overbooked flights, lack of seats for checked-in passengers, or adjustments for safety compliance.

Fortunately, regulations such as EU Regulation 261/2004 protect passengers in these cases, requiring airlines to offer compensation like cash, vouchers, or a ticket refund, depending on the situation.

Reasons You Could Be Denied Boarding on Your Flight

Involuntary denied boarding typically happens when airlines face situations where they can’t accommodate all passengers with confirmed tickets.

Although frustrating, it’s a relatively common practice driven by specific policies and operational needs.

Airlines’ Overbooking Policies

Overbooking is a common practice among airlines as they aim to maximize seat occupancy, assuming a few ticketed passengers won’t board.

When flights are overbooked, airlines first ask for volunteers to give up their seats in exchange for benefits, such as travel vouchers or accommodations.

If not enough passengers volunteer, the airline must select passengers for involuntarily denied boarding.

This approach, while beneficial for airlines’ efficiency, can inconvenience passengers, especially those with important travel plans.

For passengers denied boarding involuntarily, various consumer protection regulations require airlines to offer compensation, rebooking, or refunds.

Knowing these policies and your rights is essential to ensure you receive fair treatment and compensation if impacted.

Common Reasons for Involuntary Denied Boarding

• Overbooking: Airlines often oversell seats on flights, assuming a few passengers won’t show. If all ticketed passengers do show up, some are left without seats.
• Weight and Balance Restrictions: On smaller planes or flights with high cargo, airlines may need to reduce the number of passengers to meet safety regulations.
• Aircraft Changes: Operational adjustments may result in using a smaller plane than planned, reducing the number of available seats.
• Flight Connections: Delays from connecting flights might result in an overbooked situation if passengers arrive unexpectedly.

Knowing these reasons can help you understand why you might be denied boarding even with a confirmed reservation, preparing you to take the next steps for Right to compensation.

Your Rights for Involuntary Denied Boarding

Being bumped off a plane due to overbooking can be a major inconvenience. But it’s important to remember that you have rights when dealing with involuntary denied boarding:

Rights according to the Department of Transportation (DOT) in the US:

• Passengers who are involuntarily denied boarding domestic or international flights are entitled to compensation up to 400% of the one-way fare price of the ticket, which should not exceed $1,550.
• Passengers who voluntarily surrender their seats in exchange for a refund or upgrade are not eligible for compensation.
• Passengers are eligible to claim denied boarding flight compensation only if the arrival and departure is from the US or the flight should depart from the US airport irrespective of the airline.

Exceptions

• Aircraft Change: When an airline switches to a smaller plane for operational or safety reasons.
• Weight and Balance: Safety restrictions may apply to planes with 60 or fewer seats, affecting your flight.
• Downgrading: If you were downgraded from Business class to Economy class, you’re eligible for a refund of the price difference.
• Passengers’ Safety: Passenger behavior that threatens safety can impact your compensation rights.

Rights according to EC Regulation 261/2004 in the EU

• Passengers who are denied boarding against their will, are entitled to financial compensation ranging from €250 to €600.
• Passengers could also be entitled to a full refund of flight tickets, or alternate transportation. And, may get additional services like access to meals, refreshments, and other essential “Right to Care” services.
• Passengers are eligible for compensation if the arrival and departure are from the EU or irrespective of the airline, or when the arrival airport was in the EU member state and have booked their flight ticket with an EU-regulated airline.
• Passengers who voluntarily surrender their seats in exchange for a refund or upgrade or due to their own fault (like getting late at the airport, not having the correct boarding pass, or creating security or safety concerns) are not eligible for compensation.

Airlines’ Obligations According to EU 261 Rule

When it comes to involuntarily denied boarding, did you know there are certain obligations airlines must adhere to? According to the EU 261 Rule, airlines must offer you certain benefits if you’re affected by overbooking.

• Reimbursement or re-routing: This means that if you are involuntarily denied boarding, the airline must provide an alternate flight to your destination, or reimburse the full ticket value.
• Refreshments: Airlines must provide meals and refreshments while you wait for a replacement flight.
• Hotel accommodation: If there is no available flight until the following day, airlines must provide hotel accommodation. And of course, they need to cover transport between the airport and the hotel.
• Compensation: If a passenger is unable to board a flight due to overselling of flight tickets, they may be eligible for up to €600 in compensation from the airline.

Having these rights can help ensure that travelers are informed and able to claim for any inconvenience caused due to overbooking by the airlines!

How to Avoid Being Bumped From A Plane?

While denied boarding can be unpredictable, there are proactive steps you can take to minimize the chance of being bumped. By understanding how airlines manage overbooked flights and following a few simple practices, you can better protect your travel plans.

Best Practices for Avoiding Being Bumped from a Flight

• Check-In Early: Airlines often prioritize passengers who check in first. Arriving early and checking in as soon as possible can increase your chances of keeping your seat.
• Join the Airline’s Loyalty Program: Frequent flyers and loyalty program members are less likely to be bumped. Signing up, even for a basic membership, can give you a slight advantage.
• Consider Upgrading Your Ticket: Passengers in premium seats, like business or first class, are typically less likely to be denied boarding compared to those with basic economy tickets.
• Avoid Heavily Booked Flights: Overbooking is more common during peak travel times. When possible, try to book flights during less busy hours or days of the week.
• Arrive at the Gate Early: Even after checking in, make sure you’re at the gate well before boarding starts. Late arrival at the gate could lead to being replaced by a standby passenger.

Taking these steps can help reduce the likelihood of involuntary denied boarding, giving you more peace of mind while traveling.

Claiming Compensation After Involuntary Denied Boarding

Now that you understand your rights for involuntarily denied boarding, determine your next steps. Check if you eligible for bumped flight compensation.

If your flight was overbooked and you were denied boarding, you may be eligible for up to €600 per person as compensation under EU law.

But there are a few things to keep in mind:

• You must have checked in within the required timeframe before the original departure time of the flight.
• You must prove that you were involuntarily denied boarding due to an oversold flight, and hadn’t accepted any voucher or upgrades.
• If you were provided with an alternative flight, it should have been delayed on arrival for more than 3 hours.
• It was due to the airline’s fault and not due to exceptional circumstances.
• If you suffered from bumped flight, you must understand what rights and entitlements you have for claiming compensation.

Steps to Handle Bumped Flight and Claim Compensation

1. Document Everything

• Record the date and time of your denied boarding.
• Request a copy of the EU261 form from the airline to document the incident.
• Maintain all related documentation to build a strong case and ensure your rights are protected.

2. Know Who to Contact

• Reach out to the airline’s customer service for assistance.
• If you don’t get satisfactory results, contact your local civil aviation authority or flight compensation companies.
• These organizations can investigate potential violations and improve your chances of receiving fair compensation.

3. Find Additional Support

• Seek help from someone knowledgeable about passenger rights and aviation law.
• Many travelers are unaware of their rights, which can put them at a disadvantage when claiming compensation.
• Ensure you have enough evidence to strengthen your case.

4. Hire a Flight Delay Compensation Company

• Consider hiring professional services like ClaimFlights for reliable support.
• These companies have expertise in aviation law and can navigate complex claims processes.
• Their knowledge can be instrumental in securing compensation from airlines effectively.